Riverdale Manor Owners Corp.

National Labor Relations Board - Board Decisions

Jun 28, 1993

311 N.L.R.B. 1094 (N.L.R.B. 1993)

1094
311 NLRB No. 125
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The Board traditionally aggregates the gross revenues derived
from all residential buildings managed by an employer in deter-
mining whether the Employer satisfies the Board’s discretionary
standard. See, e.g., Tudor Realty Services, 307 NLRB 496 fn. 3
(1992).
2 The Board’s advisory opinion proceedings under Sec. 102.98(a)
of the Board’s Rules are designed primarily to determine whether an
employer’s operations meet the Board’s ‘‘commerce’’ standards for
asserting jurisdiction. Accordingly, the instant Advisory Opinion is
not intended to express any view on whether the Board would cer-
tify the Respondent as a representative of the petitioned-for unit
under Sec. 9(c) of the Act. See, generally, Sec. 101.40(e) of the
Board’s Rules and Regulations.
Riverdale Manor Owners Corp. and Zev Pollak Co.
and Service Employees International Union,
Local 32E, AFL–CIO. Case AO–303
June 28, 1993
ADVISORY OPINION
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND RAUDABAUGH
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board’s Rules and Regula-
tions, on May 24, 1993, Riverdale Manor Owners
Corp. and Zev Pollak Co., jointly referred to here as
the Petitioner, filed a petition for an advisory opinion
seeking to determine whether the Board would assert
jurisdiction over its operations.
In pertinent part the petition alleges as follows:
1. Riverdale Manor Owners Corp. and Zev Pollak
Co. are jointly controlled and directed by Zev Pollak,
the proprietor and the president of the board and ma-
jority shareholder, respectively, of both organizations.
2. There is currently pending before the New York
State Employment Relations Board (NYSERB) a rep-
resentation petition in which Service Employees Inter-
national Union, Local 32E, AFL–CIO, the Union,
seeks to be certified as the collective-bargaining rep-
resentative of an employee of the Petitioner at a build-
ing owned by Riverdale Manor and managed by Pollak
located at 288 West 238 Street, Riverdale, New York.
3. The building in question, a rental facility con-
sisting of 73 residential units, is owned by Riverdale
Manor and managed by Pollak. It is staffed by one
employee, a superintendent, and there are no plans to
increase the current staffing level. Pollak supervises
and directs the terms and conditions of employment at
the building, formulates and implements all of the per-
sonnel policies applicable to the employee, and main-
tains the payroll records for, and pays, the employee.
4. During the past calendar year, Pollak’s purchase
of materials or services directly from firms located out-
side the State of New York, or from firms who pur-
chased their materials or services directly from sup-
pliers located outside the State of New York, exceeded
$50,000. Its total gross revenues during the same pe-
riod, derived solely from the operation of residential
buildings in the State of New York, equaled or exceed-
ed $500,000.
5. The Union has neither admitted nor denied the
above commerce data, and the NYSERB has not con-
sidered or made any findings with respect thereto.
6. There is no representation or unfair labor practice
proceeding involving the same dispute currently pend-
ing before the Board.
Although all parties were served with a copy of the
petition for an advisory opinion, none has filed a re-
sponse as permitted by Section 102.101 of the Board’s
Rules and Regulations.
Having duly considered the matter, the Board is of
the opinion that it would assert jurisdiction over the
Petitioner. The Board has established a $500,000 dis-
cretionary standard for asserting jurisdiction over resi-
dential premises such as apartments and condomin-
iums. See Wyndham West at Garden City, 307 NLRB
136 (1992). Further, it is well settled that the com-
merce data of joint or single employers may appro-
priately be combined for jurisdictional purposes. See
373-381 South Broadway Associates, 304 NLRB 1108
(1991), and cases cited therein. Here, the petition al-
leges that Zev Pollak is the proprietor, president of the
board, and majority shareholder of Riverdale Manor
Owners Corp. and Zev Pollak Co., and that he has
joint control over, and directs, both organizations. As
the petition alleges that the total gross revenues de-
rived by Zev Pollak Co. from the operation of residen-
tial buildings in the State of New York during the past
calendar year exceeded $500,000,1 the Petitioner clear-
ly satisfies the Board’s discretionary jurisdictional
standard, assuming that Riverdale Manor Owners
Corp. and Zev Pollak Co. are in fact a single or joint
employer. Further, as the out-of-state purchases of ma-
terials and services allegedly exceed $50,000, the Peti-
tioner also satisfies the Board’s statutory standard for
asserting jurisdiction.
Accordingly, the parties are advised that, based on
the foregoing allegations and assumptions, the Board
would assert jurisdiction over the Petitioner.2